FA/522/2018

Judgment text excerpt

NEUTRAL CITATION C/FA/522/2018 JUDGMENT DATED: 22/06/2026 2026:GUJHC:38372 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 522 of 2018 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI ========================================================== Approved for Reporting Yes No ========================================================== MASHRUBEN W/O GELAJIBHAI THAKOR & ANR. Versus VIJAYKUMAR PREMJIBHAI THAKOR & ORS. ========================================================== Appearance: KAASH K THAKKAR(7332) for the Appellant(s) No. 1,2 MALAV M MULANI(8844) for the Defendant(s) No. 2 MR RATHIN P RAVAL(5013) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 22/06/2026 JUDGMENT 1. Captioned appeal is filed against the impugned judgment and award dated 20.09.2017 passed by the Motor Accident Claims Tribunal (Auxi.), at Patan in Motor Accident Claim Petition No.82 of 2016, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.6,62,000/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till its realization. Page 1 of 7 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Wed Jun 24 2026 Downloaded on : Tue Jun 30 20:58:15 IST 2026 NEUTRAL CITATION C/FA/522/2018 JUDGMENT DATED: 22/06/2026 2026:GUJHC:38372 2. The succinct facts which led to file the captioned appeal are that on 05.02.2016, at about 04:30 hours, Udaji Gelaji Thakor along with opponent No.1 were going to unloading sand in the truck from Aadriyana to Padivada. When they reached near the curve, the said truck got stuck in sand and water. While they were trying to pull ou